Report No. CC 97-23 COMMON CARRIER ACTION January 31, 1997
COMMISSION ADOPTS TARIFF STREAMLINING PROVISIONS
OF THE TELECOMMUNICATIONS ACT OF 1996
(CC Docket No. 96-187)
In the Report and Order released today, the Commission has implemented the provision
of the Telecommunications Act of 1996 ("the 1996 Act") that streamlines the tariff review
process for local exchange carriers (LECs).
The 1996 Act provides that, absent Commission action, a tariff reflecting a reduction in
rates would become effective seven days from the date of filing and a tariff reflecting an increase
in rates would become effective in fifteen days from the date of filing. Section 204 of the 1996
Act also provides that LEC tariffs filed on a streamlined basis shall be "deemed lawful."
Consistent with judicial precedent, the Commission interpreted "deemed lawful" to mean that a
pending tariff shall be conclusively presumed reasonable and lawful upon its effective date
unless the Commission suspends the tariff prior to that date. LEC tariffs will still be subject to
post-effective review by the Commission, either through a section 205 investigation or a section
208 complaint proceeding. The Commission also adopted rules establishing new filing
procedures for the streamlined tariffs.
The Commission determined that all LEC tariffs, whether involving rate increases,
decreases, and/or changes to the rates, terms and conditions of existing services or introducing
new services, are eligible for streamlined filing. The Commission said that this approach would
give greatest effect to Congressional intent to streamline the tariff review process for LECs,
noting that making all tariffs eligible will simplify the process by eliminating the need to identify
different kinds of filings. The Commission also determined that only tariffs exclusively
containing rate decreases will become effective on seven-days' notice. All other tariffs filed
pursuant to Section 204 will become effective on fifteen-days' notice.
Finally, the Commission found that establishment of an FCC-administered electronic
tariff filing program would afford a quick and economical means to file tariffs while giving
interested parties prompt access to the tariffs. The Commission concluded that in order for the
full benefit of electronic filing to be realized, all LECs will be required to file tariffs
electronically. Other participants in the LEC tariff review process may, but are not required to, file electronically. The Commission delegated the authority to the Common Carrier
Bureau to establish the electronic filing program.
Action by the Commission January 29, 1997, by Report and Order (FCC 97-23).
Chairman Hundt, Commissioners Quello, Ness, and Chong.
-FCC-
News Media contact: Mindy Ginsburg at (202) 418-1500.
Common Carrier Bureau contact: Dan Abeyta, Suzan Friedman,
or Bill Bailey at (202) 418-1540